The next quadrennium
Stop us if you’ve heard this one before: The Alabama Legislature may consider a statewide gaming bill this year. They did it last year, but State Sen. Del Marsh’s proposal never got past a second reading in the House. The year before, the legislative session was interrupted by the COVID-19 pandemic, but Gov. Kay Ivey formed a study group on gambling policy, which eventually determined a lottery, casino gaming and sports betting could generate between $510 million and $710 million in general fund revenues.
Since Alabama voters rejected a proposed education lottery in 1999, more than 150 gambling bills have been introduced and left to die in the Legislature. Aside from the landmark federal Indian Gaming Regulatory Act of 1988 — which allowed casino gaming on tribal lands — and a handful of amendments to the State Constitution that permitted dog racing and electronic bingo in select locations, there has been little progress on the issue.
This year, State Sen. Greg Albritton believes it would be wise to return to a piecemeal approach. Next week, he intends to file a bill to create a statewide gaming commission. Unlike Marsh’s comprehensive attempt last year, if the first bill is successful, Albritton will then follow up with related bills seeking constitutional amendments to allow gaming, betting and a lottery. The constitutional amendments would require a voter referendum.
“Everything I am proposing has already been talked about before,” Albritton told Lagniappe Monday, a day before the start of the 2022 legislative session in Montgomery. “I want to set up the gaming commission right away without a constitutional amendment. That way, we can take control of the gaming that is occurring right now [sports gaming, online and on-site gaming] in Alabama. It doesn’t expand it, it doesn’t validate it, other than the point it just gives the government the power to govern it, capture it and tax it. After that, subsequent bills would include constitutional amendments to establish a lottery and gaming, to require a pact with [the Poarch Band of Creek Indians] and clear authorization for the gaming commission to start controlling this industry.
“I think we already have the votes in the House and Senate; we just have to get through the politics on the floor to get to the votes,” Albritton said.
If passed, Albritton also proposes steering some gaming revenues away from broadband infrastructure and instead, toward the state’s lackluster mental health care system.
“Broadband is getting funding from a number of sources, but one of the things we’ve never really done well as a state is provide a continuity of mental health care,” he said. “We have to have a place to house mental health patients and a place to treat them. And I’m not talking for 10 days, I’m talking long-term. A lottery or gaming would be an ideal revenue source for mental health care.”
Alabama Press Association (APA) Governmental Affairs Director Brad English was less optimistic.
“We expect it to be a short session,” English said during a conference call with APA members last week. “It’s an election year and legislators want to collect money and run for reelection. The next two weeks will likely be a special session devoted to how the Legislature will spend [American Rescue Plan Act (APRA)] money.”
Indeed, during her annual State of the State Address from the Capitol Jan. 11, Ivey prioritized earmarking the $580 million in available ARPA money Alabama has yet to spend. It is expected Ivey may call a special session on the topic this week.
Among the targets she identified for the infusion of federal cash include $80 million for hospitals and nursing homes, $79 million to shore up the Unemployment Trust Fund and more than $225 million for emergency water and sewer projects and matching grants. Other money is steered toward health care, volunteer fire departments and broadband infrastructure.
“We must be smart with this one-time money and commit to the people of Alabama that we will wisely invest — not just casually spend — these dollars,” Ivey said. During a special session late last year, the Legislature allocated more than $400 million in ARPA funds to build new prisons.
Interestingly, if the special session does begin this week, it will likely expire about the same time as the qualifying deadline for the November general election, Jan. 28.
“People speculate [Ivey] may do this to keep gambling and other controversial bills off the table until then,” English said.
But Albritton believes the session may be controversial for other reasons.
“One of the things that will be interesting to see will be the campaigning for House leadership seats and how that may influence legislation,” he said.
Last year, House Speaker Mac McCutcheon announced he would not seek reelection in 2022. The same goes for Speaker Pro Tem Victor Gaston and Mike Jones, the chairman of the House Rules Committee, who is running a campaign for Senate.
“Those are the top three positions,” Brown said, adding his colleagues State Reps. Nathaniel Ledbetter and Steve Clouse have already announced their intention to seek the speakership. “It could get bitter and it could get nasty, but I think they are both individuals who will put the race secondary to the overall good work of the House of Representatives.”
Brown noted the House Republican Caucus published its first legislative agenda in years for this session — known as “Standing Tall for Alabama” — which includes bills to allow constitutional carry, to ban critical race theory from being taught in public schools, to create new criminal definitions for those who assault first responders or participate in riots, to protect “election integrity,” and to create incentives for farmers, teachers, public employees, the military and veterans.
“I would expect with the supermajority we have, most if not all of these bills will be easily passed,” he said.
Ivey also pitched a 4 percent pay raise for state employees and public school teachers, part of the $2.7 billion general fund budget. This year’s proposed education fund budget reaches $8.2 billion, an increase over the current year’s $7.6 billion.
English said APA is working on a draft bill to roll back some of the protections the Alabama Supreme Court gave the law enforcement community when ruling on a lawsuit between this newspaper and the Baldwin County Sheriff’s Office last year. In the ruling, a majority of the court determined body camera footage and other evidence created or maintained by law enforcement agencies are exempt from public records requests.
“The danger is the decision was so broad-reaching that any record that law enforcement deems to be an investigative record — which could include simple accident reports and incident reports if they wanted to — they could say that’s part of an investigation and they would not ever have to release it,” he said. “It has far-reaching implications and it’s something we have to look at.”
A broader rewrite of the state’s vague Open Records Law, which has been widely interpreted by the courts, is facing pushback from municipal governments, who allege compliance will be too onerous on staff.
Legislators in Baldwin and Mobile counties have pre-filed the following bills for the 2022 regular session, which must conclude by April 25:
State Rep. Shane Stringer (District 102, Mobile County)
HB 6: To authorize individuals to carry a pistol or other firearm concealed or in a vehicle without a permit and to delete the presumption of intent to commit a crime of violence solely for not possessing a permit. This bill would also revise the process by which a pistol is seized in connection with an alleged crime, is disposed of or is returned to its owner.
HB 66: To eliminate the requirement for a person to obtain a concealed carry permit to carry a pistol on certain property or in a motor vehicle.
State Rep. Chris Pringle (District 101, Mobile County)
HB 8: This bill would prohibit public K-12 schools and public institutions of higher education from teaching certain concepts regarding race or sex, such as critical race theory. This bill would prohibit a K-12 school or public institution of higher education from imposing any penalty upon or discriminating against a student on account of his or her refusal to support, believe, endorse, embrace, confess, act upon or otherwise assent to divisive concepts, such as critical race theory. This bill would also authorize a public K-12 school or public institution of higher education to promote racial, cultural or ethnic diversity or inclusiveness, provided the efforts of the school or institution are consistent with the requirements of this bill.
State Rep. Chip Brown (District 105, Mobile County)
HB 10: This bill would create a sales and use tax rate differential of 1 and 1/2 percent for the purchase and storage of all vessels and machinery used in the process of commercial fishing. This bill would also exempt bait and all materials and equipment used in the process of commercial fishing from sales and use tax.
HB 18: This bill would enable a parent or guardian of a student at a public K-12 school to opt out of any requirement that the student must wear a face covering at the school, at a school function, on a school bus or at a school bus stop.
HB 19: This bill would require the consent of a parent or legal guardian for any minor to receive a vaccination.
HB 25: This bill would make legislative findings that volunteer fire departments are public in nature and perform a public purpose. This bill would specify that a volunteer fire department may expend funds for equipping a fire station and for certain supplies for the delivery of fire protection services and training. This bill would further authorize a volunteer fire department to reimburse a volunteer firefighter for mileage to and from a fire call.
HB 39: This bill would direct the commissioner of insurance to transfer from the Insurance Department Fund to the Strengthen Alabama Homes Fund any amount remaining in the Insurance Department Fund on Sept. 30, which exceeded 25 percent of the amount appropriated for the Insurance Department Fund for the fiscal year ending Sept. 30. This bill would also authorize the commissioner of insurance to transfer to the Strengthen Alabama Homes Fund from the Insurance Department Fund up to 50 percent of the amount appropriated for each fiscal year.
HB 40: This bill would exempt from the crime of possession of a gambling device, under certain limited circumstances, slot machines manufactured before 1960.
State Rep. Matt Simpson (District 96, Baldwin County)
HB 67: This bill would provide that a law enforcement officer or firefighter employed by a municipality, county or fire district and diagnosed with post-traumatic stress disorder (PTSD) would be reimbursed for certain co-payments for treatment or would require a county or municipality to maintain sufficient coverage for the reimbursement of co-payments. This bill would also require counties, municipalities and fire districts to provide disability payments or coverage for law enforcement officers and firefighters who are unable to return to work as a result of PTSD.
HB 68: This bill would provide additional protections to a victim or a witness who is a protected person or child under the age of 16 at the time of trial. This bill would allow the use of anatomically correct dolls or mannequins to be used to assist a witness during testimony when the witness is under the age of 12 or a protected person at the time of the offense. This bill would also allow out-of-court statements made by a protected person to be admissible as long as certain criteria are met.
State Rep. Napoleon Bracy (District 98, Mobile County)
HB 92: This bill would allow the secretary of state to provide digital copies of all bills, resolutions and memorials electronically to the Legislature and would eliminate the binding requirement.
State Rep. Barbara Drummond (District 103, Mobile County)
HB 97: This bill would amend the definition of gas for the purpose of the regulation of underground storage facilities by the State Oil and Gas Board to include carbon oxides, ammonia, hydrogen, nitrogen and noble gases. This bill would also specify the authority of the board to regulate underground storage facilities, including requiring a bond to insure the performance of any duties relating to an underground storage facility.
HB 101: This bill would require appointing authorities to ensure that membership of the boards of registrars reflects the diversity of residents of the respective counties.
State Rep. Adline Clarke (District 97, Mobile County)
HB 103: This bill would provide a process for early voting in general and special elections, other than municipal elections. This bill would prescribe minimum days and hours of operation of early voting centers. This bill would allow an elector, without excuse, to cast his or her vote using a voting machine at an early voting center. This bill would require each county commission to establish early voting center locations in the county and establish a communications plan to publish notice of early voting in the respective county. This bill would provide that staffing, reimbursement of election expenses, and election day conduct would apply to early voting. This bill would also require the secretary of state to adopt rules to ensure the process does not permit electors to vote more than once in any election.
State Rep. Harry Shiver (District 64, Baldwin County)
HB 143: This bill would propose a local constitutional amendment relating to Baldwin County to define the Stapleton Landmark District within the county and to prohibit the annexation by local law of any property within the district into any municipality except under certain conditions.
State Rep. Sam Jones (District 99, Mobile County)
HB 144: This bill would eliminate the requirement for a second or runoff election where only two candidates run for election for a particular office in a municipal election and there is a tie between the two candidates. This bill would provide that where there is a tie between two candidates for a county or precinct office, the tie is decided by lot by the judge of probate, rather than the sheriff.
State Sen. Chris Elliott (District 32, Baldwin County)
SB 9: To provide for the expenditure of funds received by the Alabama Department of Conservation and Natural Resources for coastal conservation, restoration and protections pursuant to the Gulf of Mexico Energy Security Act (GOMESA).
SB 42: To provide that a homeowner’s association or condominium association may not prohibit the displaying of the flag of the state of Alabama on residential property within the association.
SB 100: This bill would establish procedures for an employer to apply to the Department of Labor for seasonal employer status. This bill would authorize the Department of Labor to designate seasonal employer status. This bill would provide standards for receiving unemployment benefits as a seasonal employee. This bill would also define terms relating to seasonal employment.
State Sen. Greg Albritton (District 22, Baldwin County)
SB 37: This bill would require the commissioner of insurance to establish the Center for Risk and Insurance Research connected with a state university to carry out research, education and outreach regarding risk management and insurance issues. This bill would credit 5 percent of various fees, licenses and taxes collected by the commissioner of insurance to a new fund to be known as the Center for Risk and Insurance Research Fund to be used to fund the center.
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